A. The Commonwealth hereby consents to the use of all lands above or underwater and owned or controlled by it which are necessary for the construction,improvement, operation or maintenance of any stormwater control system orwater or waste system; except that the use of any portion between theright-of-way limits of any primary or secondary highway in this Commonwealthshall be subject to the approval of the Commonwealth TransportationCommissioner.
B. In addition to the provisions of subsection A, the Governor is authorized,at the request of an authority created pursuant to § 15.2-5102 and in a formapproved by the Attorney General, to disclaim any and all rights, title, andinterest of the Commonwealth in and to lands used pursuant to subsection A ifhe finds (i) there is no greater public need or purpose than such use or (ii)that public use and necessity have been established pursuant to subsection Bof § 15.2-1903. Such disclaimer shall be filed with the appropriate court andshall have the legal force and effect of disclaiming, releasing, andrenouncing all of the right, title, and interest of the Commonwealth in andto such lands.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, c. 587; 2009, c. 861.)
A. The Commonwealth hereby consents to the use of all lands above or underwater and owned or controlled by it which are necessary for the construction,improvement, operation or maintenance of any stormwater control system orwater or waste system; except that the use of any portion between theright-of-way limits of any primary or secondary highway in this Commonwealthshall be subject to the approval of the Commonwealth TransportationCommissioner.
B. In addition to the provisions of subsection A, the Governor is authorized,at the request of an authority created pursuant to § 15.2-5102 and in a formapproved by the Attorney General, to disclaim any and all rights, title, andinterest of the Commonwealth in and to lands used pursuant to subsection A ifhe finds (i) there is no greater public need or purpose than such use or (ii)that public use and necessity have been established pursuant to subsection Bof § 15.2-1903. Such disclaimer shall be filed with the appropriate court andshall have the legal force and effect of disclaiming, releasing, andrenouncing all of the right, title, and interest of the Commonwealth in andto such lands.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, c. 587; 2009, c. 861.)
A. The Commonwealth hereby consents to the use of all lands above or underwater and owned or controlled by it which are necessary for the construction,improvement, operation or maintenance of any stormwater control system orwater or waste system; except that the use of any portion between theright-of-way limits of any primary or secondary highway in this Commonwealthshall be subject to the approval of the Commonwealth TransportationCommissioner.
B. In addition to the provisions of subsection A, the Governor is authorized,at the request of an authority created pursuant to § 15.2-5102 and in a formapproved by the Attorney General, to disclaim any and all rights, title, andinterest of the Commonwealth in and to lands used pursuant to subsection A ifhe finds (i) there is no greater public need or purpose than such use or (ii)that public use and necessity have been established pursuant to subsection Bof § 15.2-1903. Such disclaimer shall be filed with the appropriate court andshall have the legal force and effect of disclaiming, releasing, andrenouncing all of the right, title, and interest of the Commonwealth in andto such lands.
(Code 1950, § 15-764.12; 1950, p. 1318; 1954, c. 554; 1958, cc. 400, 402;1960, c. 430; 1962, cc. 130, 623, § 15.1-1250; 1968, cc. 355, 556; 1970, cc.444, 617; 1972, c. 161; 1979, c. 280; 1980, c. 159; 1981, c. 610; 1983, c.422; 1984, c. 554; 1994, c. 477; 1997, c. 587; 2009, c. 861.)
